The purpose of this chapter is to mitigate the adverse secondary effects that can be generated by the unregulated operation of adult entertainment businesses. Prior to enacting this chapter, the city council considered studies that persuasively demonstrate these adverse secondary effects include without limitation: depreciation of property values; increased criminal activity, litter, noise and vacancy rates; and interference with the enjoyment of property in the vicinity of such businesses.
(Ord. 1515)
For the purpose of this chapter, the following words and phrases shall mean:
Adult Entertainment Business:
1. 
Adult Arcade:
is a commercial establishment that as a regular and substantial course of conduct shows, in one or more viewing rooms less than or equal to 150 square feet, movies or still images characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.
2. 
Adult Cabaret:
is a commercial establishment that as a regular and substantial course of conduct emphasizes and seeks, through one or more erotic dancers, to arouse or excite the patrons' sexual desires.
3. 
Adult Motion Picture Theater:
is a commercial establishment that as a regular and substantial course of conduct shows, in one or more viewing rooms larger than 150 square feet, movies or still images characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.
4. 
Adult Retail Store:
is a commercial establishment that as a regular and substantial course of conduct sells or rents adult entertainment merchandise.
Adult Entertainment Merchandise:
1. 
An audio tape, book, magazine, movie or still picture characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.
2. 
Paraphernalia designed or marketed primarily for the stimulation of human genitals. "Adult entertainment merchandise" does not include birth control devices.
Characterized by an Emphasis Upon:
the dominant theme of the object described by such phrase.
Director:
director of administrative services.
Directly Pay or Give:
the placement of a gratuity by a patron on any portion of an erotic dancer's person or clothing.
Erotic Dancer:
a person who dances or otherwise performs at an adult cabaret and who seeks to arouse or excite the patrons' sexual desires.
Nudity:
1. 
The showing of human genitals, pubic area, anus or cleft of the buttocks with less than a fully opaque covering.
2. 
The showing of the female breast with less than a fully opaque covering of any part of the nipple.
3. 
The exposure of any device, costume or covering that gives the appearance of or simulates the genitals, pubic hair, natal cleft, perineum, anal region, or pubic hair region.
4. 
The exposure of any device worn as a cover over the nipples and/or areola of the female breast, which device simulates and gives the realistic appearance of nipples and/or areola.
Nuisance Activities:
disturbance of the peace; littering; public drinking of alcoholic beverages or drunkenness; and public urination or defecation.
Owner:
1. 
The sole proprietor of an adult entertainment business.
2. 
A general partner of a partnership that owns and operates an adult entertainment business.
3. 
A controlling shareholder in a corporation that owns and operates an adult entertainment business.
4. 
A person designated by the officers of a corporation to be the permit holder for an adult entertainment business owned and operated by the corporation.
Regular and Substantial Course of Conduct:
the existence of any of the following conditions:
1. 
At least 30% of the stock-in-trade is devoted to adult entertainment merchandise.
2. 
At least 30% of the total display area is devoted to adult entertainment merchandise.
3. 
At least 30% of the gross receipts of the business are derived from the sale or rental of adult entertainment merchandise.
4. 
On 4 or more days within a 30-day period, the establishment presents live entertainment by one or more erotic dancers.
5. 
On 4 or more days within a 30-day period, the establishment presents non-live entertainment that is characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.
Religious Institution:
a church, mosque, synagogue, temple or similar establishment operated by a religious organization as a place of worship or religious instruction.
School:
a public or private elementary, secondary, middle, junior high or high school.
Specified Anatomical Areas:
1. 
Less than completely and opaquely covered genitals, pubic region, buttocks and nipple of the female breast.
2. 
Male genitals in a discernibly turgid state, even if completely and opaquely covered.
3. 
Any device, costume or covering that simulates any of the body parts included in paragraphs 1 or 2 above.
Specified Sexual Activities:
The following, whether performed directly or indirectly through clothing or other covering:
1. 
The fondling of human genitals, pubic region, buttocks, anus, or female breast.
2. 
Sex acts, actual or simulated.
3. 
Excretory functions as part of, or in connection with, any of the other activities described in paragraphs 1 or 2 above.
Substantially Enlarged:
The increase in floor area occupied by an adult entertainment business by more than 10% of its floor area as it existed at the time an adult entertainment permit was issued for the business.
(Ord. 1515; Ord. 1533)
It is unlawful for any person to operate an adult entertainment business unless the owner of such business first obtains, and continues to maintain in full force and effect, an adult entertainment permit for such business.
(Ord. 1515)
A. 
Eligibility. An owner of an adult entertainment business is the only person eligible to obtain an adult entertainment permit for such business. No person under 18 years of age shall be eligible for an adult entertainment permit.
B. 
Submission. An adult entertainment permit application shall be submitted to the director. The application consists of the application fee and the following:
1. 
A city-provided application form containing: (i) the applicant's name, mailing address and phone number; (ii) the applicant's status as a sole proprietor, general partner, controlling shareholder or designated representative of the proposed business; (iii) the address of the proposed business; (iv) a description of the proposed business; (v) the names and addresses of other adult entertainment businesses currently operated in the state by the owner; and (vi) a list of adult entertainment-related permits that the owner currently holds or has had suspended or revoked by another governmental entity.
2. 
Two passport-size color photographs that clearly show the applicant's face.
3. 
The applicant's fingerprints on a police department-provided form.
4. 
A site plan depicting how the proposed business will comply with the design standards of this chapter and the off-street parking requirements of the zoning ordinance.
5. 
A statement signed by the applicant certifying under penalty of perjury that the information submitted in connection with the application is true and correct.
(Ord. 1515)
A. 
Director's Decision. The director shall, within 30 city business days of the filing of an application, approve and issue the adult entertainment permit if there are no grounds for denial; otherwise the permit shall be denied. Notice of the approval or denial of the permit shall be given to the applicant in writing. If the application is denied, the director shall attach to the notice a statement of the reasons for the denial. The times set forth in this section shall not be extended except upon written consent of the applicant.
B. 
Grounds for Denial. The director may deny an application for an adult entertainment permit upon any of the following grounds:
1. 
The applicant is under 18 years of age.
2. 
Failure to complete the application.
3. 
Knowing submission of a misleading or fraudulent statement of material fact.
4. 
The applicant proposes to conduct more than one type of adult entertainment business within the establishment.
5. 
Failure to comply with the location standards of this chapter.
6. 
Failure to comply with the design standards of this chapter.
7. 
Failure to comply with the zoning ordinance.
8. 
The applicant, or a person affiliated with the applicant's partnership or corporation, has had an adult entertainment permit revoked by the city within one year prior to the date of the application.
(Ord. 1515)
A. 
Adult entertainment businesses shall comply with the following location standards:
1. 
The business shall be located in a zone permitting such use and outside of the boundaries of any redevelopment area established by ordinance.
2. 
The business shall not be located within 400 feet of a residential zone or residential use, whether such zone or use is within or outside of the city.
3. 
The business shall not be located within 1,000 feet of a public park, religious institution or school, whether such use is within or outside of the city.
4. 
The business shall not be located within 1,000 feet of another adult entertainment business, whether such business is within or outside of the city.
B. 
The distances specified in this section shall be measured in a straight line, without regard for intervening structures, from the property line of the lot containing the adult entertainment business to the property line of the property so used at the time of submission of the permit application.
(Ord. 1515)
Adult entertainment businesses shall comply with the following design standards:
A. 
Sufficient sound-absorbing insulation shall be provided to ensure that noise generated inside the establishment shall not be audible outside of the establishment.
B. 
The interior shall be configured in such a manner that from a manager's station there is an unobstructed view of every area to which patrons are permitted access, excluding restrooms. If the premises has multiple manager's stations, then the interior shall be configured in such a manner that from at least one of the manager's stations there is an unobstructed view of every area of the premises to which patrons are permitted access, excluding restrooms. The view required by this paragraph must be direct line of sight from the designated manager's station.
C. 
Adult arcades shall comply with the following additional standard:
1. 
The walls or partitions between viewing rooms shall not contain holes such as would allow either: (i) viewing from one room into another; or (ii) physical contact between the occupants of the rooms.
D. 
Adult cabarets shall comply with the following additional standards:
1. 
Each stage shall be elevated at least 18 inches above the level of the floor and separated at least 6 feet from the nearest patron area.
2. 
Dressing room facilities shall be provided for the exclusive use of erotic dancers.
(Ord. 1515)
Adult entertainment businesses shall comply with the following operation standards:
A. 
No more than one type of adult entertainment business shall be conducted within the establishment.
B. 
The adult entertainment permit issued for the business shall be conspicuously posted so that it may be readily seen by persons entering the establishment.
C. 
Adult entertainment merchandise, specified sexual activities and specified anatomical areas shall not be visible from the exterior of the establishment.
D. 
Persons under the age of 18 years shall not be permitted within the establishment.
E. 
Security guards shall be employed in accordance with the following standards:
1. 
At least one security guard shall be on duty within the business at all times during open hours; provided, however, that at least 2 security guards shall be on duty if the occupancy limit of the premises is greater than 50 persons.
2. 
Security guards shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public.
3. 
No security guard shall act as an admittance person, ticket person or sole occupant of a manager's station.
F. 
The business shall not be operated between the hours of 12:01 a.m. and 9:00 a.m. on any day.
G. 
The exterior grounds of the premises shall be kept free of adult entertainment merchandise.
H. 
Acupressure, acupuncture, gambling, massage and tattooing shall not be conducted on the premises.
I. 
At least one employee shall be on-duty and stationed at each manager's station while a patron is in the establishment.
J. 
Adult arcades shall comply with the following additional standards:
1. 
No viewing room shall be occupied by more than one patron at a time.
2. 
The floors, seats, walls and other interior portions of viewing rooms shall be maintained clean and free from bodily secretions and waste.
K. 
Adult cabarets shall comply with the following additional standards:
1. 
No erotic dancer shall dance on the premises unless such person is in possession of a valid erotic dancer permit.
2. 
No erotic dancer shall dance on the premises in a state of nudity.
3. 
No erotic dancer shall dance on the premises except upon a stage that complies with the design standards of this chapter.
4. 
No erotic dancer shall dance on the premises closer than 6 feet to any patron.
5. 
No erotic dancer shall fondle or caress a patron and no patron shall fondle or caress an erotic dancer.
6. 
No patron shall directly pay or give any gratuity to an erotic dancer, and no erotic dancer shall solicit any pay or gratuity from a patron.
(Ord. 1515)
A. 
No person shall operate an adult entertainment business under the authority of an adult entertainment permit at any place other than the address stated in the application for such permit.
B. 
No adult entertainment permit shall be transferable. Any attempt to transfer an adult entertainment permit shall automatically render the permit void as of the date of such attempted transfer.
(Ord. 1515)
The design standards and operation standards of this chapter are conditions of adult entertainment permit approvals. Notwithstanding any other provision of this code, failure to comply with any such standard shall not constitute grounds for criminal prosecution.
(Ord. 1515)
A. 
Permit Term. Each adult entertainment permit shall be valid for 2 years from the date of issuance or renewal unless suspended or revoked.
B. 
Application Submission. An application for renewal of an adult entertainment permit shall be submitted to the director no sooner than 60, and no later than 45, days prior to the expiration of such permit. The application consists of the renewal application fee and the items required for an initial application, except as follows:
1. 
No additional fingerprints will be required if the applicant's fingerprints are already on file with the city.
2. 
No additional site plan will be required if the applicant declares that the business continues to operate in accordance with the site plan submitted in conjunction with the initial application.
C. 
Director's Decision. The director shall, within 30 city business days of the filing of a renewal application, renew the adult entertainment permit if there are no grounds for denial; otherwise the application shall be denied. Notice of the renewal or denial of the permit shall be given to the applicant in writing. If the application is denied, the director shall attach to the notice a statement of the reasons for the denial. The times set forth in this section shall not be extended except upon written consent of the applicant.
D. 
Grounds for Denial. The director may deny an application for renewal of an adult entertainment permit upon any of the grounds for denial of an initial application or if the business has failed to comply with the operating standards of this chapter at any time during the 6 months prior to the date of the application.
(Ord. 1515)
It is unlawful for any person to work as an erotic dancer unless such person first obtains from the director, and continues to maintain in full force and effect, an erotic dancer permit.
(Ord. 1515)
A. 
Eligibility. No person under 18 years of age shall be eligible for an erotic dancer permit.
B. 
Submission. An erotic dancer permit application shall be submitted to the director. The application consists of the application fee and the following:
1. 
A city-provided application form containing: (i) the applicant's name, mailing address and phone number; (ii) the applicant's birth date; (iii) any stage names or aliases used by the applicant; and (iv) the name and address of the adult cabaret at which the applicant intends to perform.
2. 
The applicant's fingerprints on a city-provided form.
3. 
Two passport-size color photographs that clearly show the applicant's face.
(Ord. 1515)
A. 
Director's Decision. The director shall, within 4 city business days of the filing of an application, approve and issue the erotic dancer permit if there are no grounds for denial; otherwise the permit shall be denied. Notice of the approval or denial of the permit shall be given to the applicant in writing. If the application is denied, the director shall attach to the notice a statement of the reasons for the denial. The times set forth in this section shall not be extended except upon written consent of the applicant.
B. 
Grounds For Denial. The director may deny an application for an erotic dancer permit upon any of the following grounds:
1. 
The applicant is under 18 years of age.
2. 
Failure to complete the application.
3. 
Knowing submission of a misleading or fraudulent statement of material fact.
4. 
The applicant has had an erotic dancer permit revoked by the city within one year prior to the application date.
(Ord. 1515)
A. 
Grounds for Discipline.
1. 
The director may suspend or revoke an adult entertainment permit if the permittee knowingly has done any of the following:
a. 
Submitted a misleading or fraudulent statement of material fact in the application.
b. 
Failed to comply with the design standards or operation standards of this chapter.
c. 
Failed to prevent criminal activity on the premises of the business.
d. 
Failed to prevent nuisance activities on the premises of the business.
e. 
Substantially enlarged the business without city approval.
f. 
Failed to abide by disciplinary action previously imposed by the director.
2. 
The director may suspend or revoke an erotic dancer permit if the permittee knowingly has done any of the following:
a. 
Submitted a misleading or fraudulent statement of material fact in the application.
b. 
Engaged in any of the activities described below while on the premises of an adult entertainment business:
(1) 
Sexual activity with a patron.
(2) 
Unlawful solicitation of sexual activity with a patron.
(3) 
Transfer of unlawful narcotics.
(4) 
Conduct prohibited by this chapter.
c. 
Failed to abide by disciplinary action previously imposed by the director.
B. 
Notice. The director shall furnish the permittee written notice and an opportunity for a hearing prior to imposing any disciplinary action. Such notice shall be provided at least 10 days in advance and shall set forth the time and place of a hearing, and the ground(s) upon which the proposed disciplinary action is based.
C. 
Hearing. Hearings shall be conducted in accordance with procedures established by the director. All parties involved shall have a right to: (1) offer testimonial, documentary and tangible evidence bearing on the issues; (2) be represented by counsel; and (3) confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness.
D. 
Penalty. Upon determining that there are grounds for disciplinary action, the director may take any of the following actions:
1. 
Issue a warning.
2. 
Impose such conditions on the adult entertainment permit or erotic dancer permit as deemed appropriate in order to protect the public health, safety and welfare.
3. 
Suspend the adult entertainment permit or erotic dancer permit for a specified period not to exceed 30 days.
4. 
Revoke the adult entertainment permit or erotic dancer permit.
E. 
Findings. The director shall issue written findings in conjunction with the imposition of any disciplinary action.
(Ord. 1515)
Decisions of the director to issue, deny issuance, renew, deny renewal, or impose disciplinary action in connection with an adult entertainment permit or erotic dancer permit shall be subject to the administrative review procedure of Chapter 1.20 of this code. The city manager shall be the hearing officer for purposes of such procedure and may not delegate such responsibility. The city manager's administrative review decision shall be final and shall not be subject to council review pursuant to Chapter 1.20 of this code.
(Ord. 1515)
Application fees for adult entertainment permits and erotic dancer permits shall not exceed the city's reasonable administrative costs.
(Ord. 1515)